Thursday, February 24, 2011

We all think the same way about car and truck crashes....it won't...can't... happen to me. But deep down inside we know that this really isn't true at all. People are involved in crashes every day and are seriously injured and killed every day. But I'm the same as everyone else, even though I see the results of these crashes all the time and deal with the grieving families all the time. I still think it won't happen to me.

Let this be a small reminder to all of us-- if you're not careful when you're driving....you could be one more statistic. There are only a few simple rules to follow and you will significantly decrease the chances of being in a crash: Wear your seat belt; Drive defensively and slowly; Don't text and drive; Don't drink and drive.

Deaths in crashes on Pennsylvania highways climbed to 1,324 in 2010, an increase of 68 from the year before, according to Acting PennDOT Secretary Barry J. Schoch, P.E.

“Fatality statistics are not simply numbers; they represent the many families that suffered the loss of loved ones on Pennsylvania roads last year. Although there is nothing we can do or say to ease the pain of losing a loved one due to a crash, we will continue to look for the best ways to keep highway travelers safe,” Schoch said.

While still too high, modern highway deaths are still well below those reported 20 and 40 years ago. In 1990, there were 1,646 traffic deaths in Pennsylvania. In 1970, there were 2,255 fatalities.

Unbuckled fatalities in-creased to 524 last year, up from 451 in 2009. The seat-belt use rate in Pennsylvania was 86 percent last year.

Fatalities in crashes that involved a 16- or 17-year-old driver increased from 40 in 2009 to 57 last year. Highway fatalities involving 65-year-old and older drivers dropped from 276 to 266 in the same time period.

Alcohol-related deaths increased from 442 in 2009 to 444 last year. Fatalities in work zones dropped to 21 in 2010 from 23 a year earlier.

Speeding-related and aggressive-driving related deaths also increased last year. Speeding-related deaths jumped from 231 in 2009 to 284 last year while aggressive-driving-related deaths increased from 130 to 168.

Motorcyclist and bicyclist deaths also increased last year. Motorcyclist deaths rose to 223 in 2010 from 204 a year earlier, and bicyclist fatalities increased from 16 to 21 in that same time period.

Tuesday, February 22, 2011

A few months ago I blogged about the rise in the use of spinal fusion surgeries. You can see this post here. The basic gist of the post was that the evidence clearly demonstrates that spinal fusion surgeries don't work, but doctors are continuing to use the technique anyway.

I've come across more evidence that spinal fusion surgeries are not ultimately helpful to injured workers, as opposed to other more conservative treatment. This study was performed specifically with injured workers. You can see the full article, with related links, here. Also, here's an interesting review of the evidence and it's implications from the excellent blog Workers' Comp Insider.

At a time of continued debate over the role of spinal fusion surgery (lumbar arthrodesis), the results suggest that this operation "may not be an effective operation for workers' compensation patients" with certain causes of low back pain.The lead author was Dr. Trang H. Nguyen of University of Cincinnati College of Medicine.

Using Ohio workers' compensation data, Dr. Nguyen and co-authors identified 725 workers with chronic low back pain who underwent spinal fusion surgery. Spinal fusion is an operation done to fuse together adjacent vertebrae in certain types of chronic back problems. Most of the patients in the study had degenerative disc disease, herniated discs, or nerve root disease (radiculopathy).

The researchers assessed the final treatment outcomes—including return to work, disability, and use of strong pain medications (opioids)—at two years' follow-up. They compared the results of spinal fusion with those in a random sample of 725 patients who underwent nonsurgical, conservative treatments (such as physical therapy, exercise, etc).

Almost all categories of outcomes were worse for patients undergoing spinal fusion. Just over one-fourth of spinal fusion patients had returned to work, compared to two-thirds of those treated without surgery.Twenty-seven percent of patients in the spinal fusion group had repeat surgery, while 36 percent experienced some type of complication.

The use of spinal fusion surgery for chronic low back pain has increased dramatically in recent years—despite a lack of consistent evidence that it improves patient outcomes. Few previous studies have looked at the use of spinal fusion surgery, compared to nonsurgical treatment, in workers' compensation patients.

Although it's not a controlled scientific trial, the study raises questions about the long-term effectiveness of spinal fusion surgery for workers' compensation patients with chronic low back pain. Dr. Nguyen and co-authors write, "This procedure is offered to improve pain and function, yet objective outcomes showed increased permanent disability, poor return to work status, and higher doses of opioids."

Sunday, February 20, 2011

Employers and insurers regularly challenge the injured worker's right to either wage or medical workers' compensation benefits, and thousands of dollars are spent everyday, in the hiring of doctors, vocational experts and lawyers, all to prove that the worker is either not injured as he claims; his medical treatment is unreasonable; he can work in light of his injuries; or that his continuing complaints relate to some other medical condition, and are therefore not "work-related," the legal key that unlocks the system of benefits.

The goal of returning the injured worker to productive employment is given lip-service only; our system is at best inept and at worst counterproductive in failing to address the thousands of people whose injuries prevent them from returning to the type of work they customarily perform, and providing little guidance, funding or other assistance in re-education or retraining in an appropriate skill to permit return to work in a new job. The same, incidentally, is true for workers whose jobs have been outsourced. For example, an injured worker who can no longer lift or carry heavy objects, working for an employer who has no "light duty" work available, is directed to find and accept other employment.

These other jobs are typically low wage, entry level positions in which the injured person has neither experience nor interest. But the only legal issue that matters is the workers' physical ability to do the new job - not his long term future, availability of insurance or other benefits, or even the hours or location of work. The midnight desk clerk position at the local motel, or cashier position at a gas station, are perennial favorites found by insurer hired vocational "experts" seeking to aid the injured worker back into the workforce, and a lot of time and money is spent to prove these jobs suitable. There is value in that work, but it is far from suitable, in any sense other than physical ability, for many injured workers.

How much smarter would it be to redirect the money spent on proving the availability of low wage jobs, in order to justify cutting workers' comp benefits, to paying for re-education in a new field by obtaining an associate's degree at the local community college? Answer: incredibly smarter. Why doesn't it happen? Because the law imposes no obligation on insurers or employers to either evaluate, retrain or re-educate injured workers. An insurer will easily spend $10,000 to prove the suitability of a low wage job: it needs a medical expert to show physical capability, a vocational expert to show job availability, and a lawyer to present evidence of both. What would that same $10,000 buy? Probably an associate's degree.

Admittedly not all injured workers would qualify for or be interested in going back to school, but my bet is that many would if given the chance, or if they were at least advised of the availability of additional education, some guidance about how to decide what to learn, how to enroll, and continuation of benefits for 2-3 years. This outcome can happen now, but only by a combination of luck, good advice and self-direction. How many people would know about the Office of Vocational Rehabilitation, a state agency charged with, among other things, helping injured workers, unless they are told about it?

There is the potential for big gains in money saved, careers rehabilitated, and increased economic competitiveness. The legislative fix could be as simple as requiring insurers to vocationally evaluate injured workers (similar to what they do now, but earlier in the game, and for the right purpose, i.e. increased job opportunities); notify workers' of the educational and retraining opportunities that exist, and, in cooperation with local community colleges, monitor enrollment and timely completion of classes, and pay for tuition and related expenses while continuing wage loss benefits for the time required for completion and job acquisition following graduation. Workers' who without good cause don't follow through with an approved re-training program could have their benefits suspended.

Thursday, February 10, 2011

The Occupational Health and Safety Administration (OSHA) is investigating the death of a worker who suffered a traumatic injury on Jan. 14 at a Chesapeake Appalachia gas well site in Sullivan County.

The Chesapeake Appalachia gas well site where the traumatic injury occurred on Jan. 14, 2011 is located on Elsroy Hill Road in Fox Township in Sullivan County. The worker who was injured on Jan. 14 at Chesapeake Appalachia's Fox Township site was transported by helicopter to Geisinger Medical Center in Danville, and he later died, Sullivan County Coroner Wendy Hastings confirmed.

He was pronounced dead by Montour County Coroner Scott Lynn, she said.

Hastings said she did not know the name of the worker who died.

A preliminary report from first responders at the scene was that the worker had suffered a traumatic head injury.

Chesapeake Energy has referred questions about the incident at the Fox Township site to Patterson-UTI Drilling Co., which is the company that the worker who died was working for. Patterson-UTI Drilling Co. was a contractor hired by Chesapeake Appalachia to work at the gas well site in Fox Township, according to Brian Grove, senior director for corporate development for Chesapeake Energy.

Patterson-UTI Drilling Co. has refused to provide any information to The Daily Review about the worker's death, saying in a written statement that Patterson-UTI Drilling "does not comment on confidential personnel matters involving individual employees."

In a separate section of the same article, the Review reported that Nomac drilling was fined $7,000.00 for safety violations related to a gas worker fatality in 2010 in Towanda Township. This amount of a fine does not seem like enough of a "sting" to Nomac's bottom line in order for them to change their practices. But it's at least something. In many, many instances, employers are not fined at all by OSHA, who is an overworked and under-funded agency.

Friday, February 4, 2011

Given the fact that my office is in the heart of the Marcellus Shale gas fields in Northeast Pennsylvania, my firm has seen a huge increase in the amount of workers who have been injured while working at the gas drilling sites and/or working for the gas industry in other capacities, such as water tanker drivers, welders and general laborers.These gas industry cases have some unique issues that arise given the type of work performed and the type and location of employer.

1. One of the more common questions that arise is which state’s workers’ compensation law should apply?You would think that this would not be an issue since the injured worker was injured while working in Pennsylvania.And that is what Pennsylvania’s law calls for—if you are injured in PA then PA workers’ compensation law applies.But what I have been seeing in some cases is the employer attempting to apply the law of the state in which the employer is from.Many of the businesses that work in the gas fields are not based out of Pennsylvania, but are based out of states like Oklahoma, Texas and Tennessee, to name a few.For example, one of the largest gas companies working in this area, Chesapeake Energy, has corporate headquarters in Oklahoma City.

In many instances, these employers argue that the employee was actually hired in the other state and is thus subject to that state’s workers’ compensation laws.Once again, this is not accurate.In these cases, it does not matter where the employee was actually hired because once the injury occurs in Pennsylvania then that’s the state that will apply.Pennsylvania has one of the strongest workers’ compensation laws in the nation.

2. The second issue that I often see in these cases is injured workers fearful of actually reporting work injuries due to the threat of losing one’s job and being sent packing.Of course, this fear is prevalent in most industries, but it appears to be a big problem in the gas industry.One of the issues is that a lot of the workers are from out of state and they are paid a significant amount of money at these jobs.The idea is that if they “rock the boat” and complain about a work injury, then they will be sent back home and would be “blacklisted” and never be able to work again at a gas drilling site.

3. The most important issue, in my opinion, is that it’s dangerous work!I have seen many more fatalities in this industry than in any other type of industry in which I represent injured workers.There are more fatalities in the Marcellus Shale gas industry than even long haul truck drivers who are subject to truck crashes every day.It seems that at least once a month there is a newspaper article about the death of another gas worker.Just this week, in Potter County, a worker who was walking on a pipeline was struck by a truck and suffered a fatal injury.At this point I cannot tell if it is just dangerous work by nature or a significant lack of safety procedures on the drill sites.It is probably a combination of both, however.

If you are a gas industry worker and have been injured, please talk to an experienced workers’ compensation attorney before you sign anything for your employer.

Thursday, February 3, 2011

A man was killed near a gas well pipeline after being accidentally struck by a truck. Authorities say 50-year-old Joseph Craig was walking on a gas pipeline in WestBranchTownship on Tuesday. While on the pipe a truck struck him. The PotterCounty coroner pronounced Craig dead at the scene. State police say no charges are filed after an investigation revealed the driver of the truck didn't see Craig.

It seems that these types of incidents are becoming a weekly occurrence in the counties of Northeast Pennsylvania.

Successful Case Results

Dandy Mini Mart back injury Lump Sum Settlement - $157,000.00

A 38 year old woman who worked as a clerk at a local Dandy Mini Mart suffered a serious work related back injury several years ago. After the employer, Dandy Mini Mart, denied her claim, James R. Carroll, Jr., Esquire litigated her case and won, forcing Dandy Mini Mart to pay for back surgery and wage loss benefits. After several years of being on workers' compensation, Jim negotiated a lump sum settlement with Dandy Mini Mart in the amount of $157,000.00-- $70,000.00 was a lump sum paid to the injured worker and $87,000.00 was paid to the injured worker to pay for her future medical treatment, which consisted mostly of monthly prescriptions.

WalMart Truck Driver Lump Sum Settlement - $150,000.00

46 year old Walmart truck driver who was involved in a work related truck accident. The client suffered from a back injury. He was on workers' compensation for a few years then returned to part time driving. We settled his workers' compensaiton case for a lump sum of $150,000.00.

Bridge Construction worker with herniated discs in neck - $385,000.00

43 year old male who was a highly paid bridge construction worker injured his neck while lifting on the job. He ultimately had to undergo two cervical surgeries to repair herniated discs in his neck. Thereafter, he developed RSD or Complex Regional Pain Syndrome in his left arm. He ultimately lost the use of his left arm for every, practical uses. He also started experiencing the same symptoms in his right arm, all stemming from the neck injury.Carroll & Carroll, P.C. filed litigation. The insurance company accepted responsibility for the work injury and even agreed that the claimant lost the use of his left arm. However, the workers' compensation insurance company disputed the relatedness of the right arm. The case settled for $385,000.00 which is a record settlement for Carroll & Carroll, P.C. in a workers' compensation case. Also part of the settlement is that the insurance company has agreed to pay whatever medicare set aside amount is required by Medicare.

Repatative Use Injury to Arms - $175,000.00

53 year old woman had worked at a label making plant for over 20 years. Several years ago, she began having pain in her right arm when she would perform her highly repetitive duties making labels for clothing. When she was restricted to one arm work, she had to use her "good" arm too much and began suffering the same symptoms in the left arm.Carroll & Carroll, P.C. filed a claim petition against the employer and won the case. The workers' compensation judge ruled that the claimant first suffered a right arm epicondylitis and then, due to over-use, suffered the same condition in her left arm later in her employment. An interesting twist in this case was that each "arm injury" was covered by a different insurance company due to the time the injuries arose.

Eventually, Carroll & Carroll, P.C. was able to secure a settlement for the claimant that protected her future medical bills and allowed her to retire with no financial worries.

Loss of use of arm for lumber yard worker - $150,000.00

27 year old male who was working at a local lumber yard injured his arm on a piece of the industrial machinery used to plane wood. While clearing out pieces of debris from the machine, another employee turned it on, locking the client's arm in the machine and causing injury. The client's arm was significantly injured, needing many surgeries.Carroll & Carroll, P.C. filed a petition to force the workers' compensation insurance company to pay the client specific loss benefits. These are benefits an injured employee receives when he/she loses the use of a body part. We argued that the client lost the use of his arm due to the injury. We eventually settled the case for a lump sum payment of $150,000.00. Also, the client is on social security disability. Carroll & Carroll, P.C. has also filed a product liability lawsuit against the manufacturer of the machine due to it being defective for not having proper safeguards designed into the machine.

Construction worker broke leg requiring surgery - $145,000.00

While on a job site, a 45 year old construction worker tripped over some boards, breaking his leg. The break was so bad that surgery had to be done to place screws and plates to mend the bones. Unfortuneately, the client's leg was so disabled that he could not return to construction work. Further, the client developed RSD or what is now referred to as Complex Regional Pain Syndrome. Carroll & Carroll, P.C. was able to win the client's comp benefits after the insurance company denied him what was owed to him. Further, we were able to secure Social Security Disability benefits for the client, then settle his workers' compensation claim for $145,000.00. After the comp settlement, the client will continue to receive his monthly SSD check plus have all of his medical bills paid for through Medicare.

Shop Teacher Amputates Fingers on Table Saw - $125,000.00

A Vocational Tech teacher for a local school severely injured his hand while using a table saw in shop class. Even though the teacher returned to work after a brief period, Carroll & Carroll, P.C. filed a claim for the "specific loss" of use of several fingers.

We were able to prove that the teacher had loss the use of three fingers either through outright amputation or severe damage. The case was ultimately settled for a lump sum of $125,000.00 including the payment of all medical bills and the waiver of the workers' compensation lien against any recovery from the product liability case against the table saw manufacturer.

Lumbar Surgery - $110,000.00

38 year old male injured his lower back while lifting something heavy at work. He eventually had lumbar spine surgery and was totally disabled. He had been on workers' compensation for many years before coming to Carroll & Carroll, P.C. for help in getting some medical bills paid.We made sure he was approved for Social Security Disability and Medicare. Then we settled his workers' compensation case for $110,000.00. Now the claimant does not have to worry about his benefits being cut off or looking over his shoulder all the time worrying that someone was watching him. He did not have to go to hearings anymore and could move on with his life.

Loss of Use of Hand - $110,000.00

60 year old woman had her hand trapped in a conveyor belt while working at a local cabinet making plant. After several surgeries on her hand and a partial amputation of her index finger, she no longer had much use of the hand. The lawyers at C&C Law filed a petition for specific loss of use of her hand. We put on such a good case that we were able to settle her case for a $110,000.00 lump sum payment plus continued medical coverage for 2 years.

Blister On Foot Nets Big Comp Settlement - $90,000.00

45 year old male who injured his foot at work causing swelling. Because he continued to keep working with the swelled foot, a blister appeared due to his tight fitting shoe. Unfortunately, the blister became infected with MSR. The employee went through many surgeries and loss of a few toes due to the infection. Complicating matters was the fact that the employee had pre-existing diabetes that was obviously not related to work and that contributed to the infection not healing. So, the insurance company argued that the employee's current condition was not related to the original work injury but to his diabetes.

Carroll & Carroll, P.C. filed a Specific Loss petition claiming that due to the many surgeries and infection and loss of a few toes, the claimant had loss the use of his entire foot as if it was actually amputated. Also, there was a question as to jurisdiction of the case. The insurance company wanted to have the case heard in either Maryland (where the original foot injury occurred) or New Jersey (where the employer's corporate headquarters was located) or in New York (where claimant lived), three states that are not as good for injured workers as Pennsylvania.

We were able to negotiate with the insurance company to have the case heard in Pennsylvania. Also, we were able to get all of the medical bills paid. Further, we were able to convince the insurance company that the claimant actually loss the use of his foot. The case was settled for a lump sum of $90,000.00. Also, the claimant was approved for Social Security Disability so he will be receiving monthly benefits in order to pay his living expenses. Further, he was approved for medicare so his future medical bills will be paid.Shoulder rotator cuff tear with surgery - Shoulder rotator cuff tear with surgery- $85,000.00

A 49 year old woman injured her left shoulder while working at a plastic bag manufacturer. She ultimately had two surgeries to repair a torn rotator cuff. She was eventually returned to work light duty work, but her employer did not have any light duty available.Carroll & Carroll, P.C. forced the insurance company to pay some medical bills and prescriptions that were outstanding. Eventually, the client wanted to settle her case. C&C Law was able to negotiate a lump sum settlement of $85,000.00. Further, we made sure that the client's future medical bills would be covered by other insurance.

Work related back injury but no surgery - $80,000.00

A 26 year old man injured his back lifting something heavy while working at Proctor and Gamble in Meshoppen, Pennsylvania. The client was off work due to his injuries despite the fact that P&G wanted him to come back to work on light duty. The client did not have surgery on his lumbar spine. We were able to settle the case for a lump sum amount for $80,000.00.

Arm Caught In Defective Conveyor Belt In Meat Plant- $500,000+

A 29 year old meat processing worker had his arm caught in a defectively designed conveyor system that lacked the proper guarding. Worker suffers from severe brachial plexus injury to arm and shoulder. We were able to litigate the issue of "specific loss of use" of the arm and won that issue. After settling a third party persoanl injury case against the manufacturers of the conveyor system for a multi-million dollar amount, we settled the workers' compensation case for a lump sum amount that included the establishment of a Medicare Set Aside account that will pay for the injured employee's medical bills for the rest of his life. We also were able to settle the wage portion of his claim that paid him a few hundred thousand lump sum, above and beyond what was paid in the third party case.

GAS INDUSTRY WORKER TRIP AND FALL ON PIPE- $230,000.00

A 58 year old Marcellus Shale Gas Industry worker tripped over a pipe on a well pad site and fell, injuring his ankle. Unfortuneately, the original injury turned into Complex Regional Pain Syndrome (formerly called "RSD") which causes severe pain disability in the affected area. The workers' compensation insurance company disputed that the worker had Complex Regional Pain Syndrome and filed a petition to stop the weekly wage benefits and medical benefits. We were able to keep the wage benefits coming so the employee and his family wouldn't become destitute. Eventually we were able to negotiate a lump sum settlement with the insurance company for $230,000.00.

Client Testimonials

Workers Compensation:

At first I was afraid to contact an attorney because I thought it might affect my job. But the staff and attorneys at Carroll & Carroll, P.C. set me at ease right at the start of my case. They were all very helpful. All of my questions and concerns were always answered. And I was very satisfied with the settlement of my case. This is a very caring law firm and that's why I would recommend them to my family and all of my friends. They helped me gain more self confidence than I had before.

Shirley GobleAthens, PA

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Dog Attack:

I found your firm to be very caring which made me feel comfortable even though I wished this never happened to me. Everyone that I came into contact with at the office treated me with respect and individual attention. I truly believe I was given the best advice and was in truly caring hands.

Betty LewisTowanda, Pa____________________________

Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations and everyone who works there was very helpful. Without C&C, I couldn't have kept my wits about me. Nor would I have got the settlement that I did. I would recommend C&C Law to everyone. Thank you so much!

Gary MartzChemung, NY

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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations. Everyone at the firm went above and beyond for my case. I would recommend Jim Carroll to everyone. Overall, I was satisfied with the settlement of my workers' compensation case.

Terry PlumelyPainted Post,NY________________________

Workers' Compensation:

I want to thank all of the staff at Carroll & Carroll, P.C. I can't pick just one, they all went above and beyond and were so nice. Thank you for working so hard on my case. Because of the successful outcome I was able to travel to Texas to visit my son.

Gordon CollinsHorseheads, NY______________________

Workers' Compensation:

I want to thank you for all the time you and your staff has put into my case. You will never know how much it means to me and how much of a weight has been lifted off of me knowing that all of you are so good to me and that you are there for me. Thank you from the bottom of my heart.

Dorothy LeckieMifflinville, PA______________________

Workers' Compensation:

I thank God I went on the internet and found your law firm. You have helped change my life and added some years that are stress free. My family says that I was a changed person once I talked to Jim and Carla about my case and my future employment opportunities. Thank you all.

Jo Ann DalySayre, PA_______________________

Workers' Compensation:

Before my work injury, I could have done any kind of work. Now I can't. But Jim and Carla taught me a lot about Pennsylvania's workers' compensation system and won my case for me. They were always there to answer my questions and keep me up to date on my case. Even though I was afraid to hire an attorney at first, Carroll & Carroll, P.C. greatly exceeded my expectations. I've already referred family and friends to them.

Donna PozziTowanda, Pa________________________

Work Injury:

Although I was afraid to hire an attorney at first, Jim answered all of my questions and made me feel a lot better. Carroll & Carroll, P.C. exceeded my expectations and I received a lot more money for my injuries than I thought.

Carl ButtonWyalusing, Pa____________________

Slip and Fall:

Right from the beginning Jim answered all of my questions and was very patient with me. I was terrified of lawyers because there are a lot of shifty lawyers out there. The staff of Carroll & Carroll, P.C. was so helpful. Carla did so much for me, even travelling to Philadelphia when I had to see the insurance company doctor. I'm so satisfied in in outcome that Jim got for me. I'm financially secure now and don't have to worry about suporting myself and my family. I've already referred friends and family to Carroll & Carroll, P.C.

Lisa SpinnerBarton, NY____________________

Workers' Compensation:

All I can say is that they didn't quit on me. My case was a long battle but Jim won it. Then he was able to get me a great settlement that made me financially secure in my retirement. They treated me like I was part of the family.

Sandy HenrySayre, Pa____________________

Workers' Compensation:

I wasn't sure I had a case but Jim was very helpful and reassuring. I don't have to worry about my medical bills. Jim made sure that they were taken care of. He always kept me informed and was quick to answer to emails. I would recommend Carroll & Carroll, P.C. to everyone!

John BryertonSayre, PA____________________

Workers' Compensation:

The way Jim took over and handled everything was unbelievable. I didn't receive checks for months but as soon as Jim started working on my case I began receiving my checks again. I first went to a "big wig" firm but they did nothing for me. When I called Jim I got put right through or he would always return my calls. He even negotiated a great settlement for me that helped me move on from my injury and support my family.